The 2016 General Assembly is complete! The ACLU of Kentucky worked with allies and members to organize and lobby on a number of issues. Here is a look at our victories and the work still ahead:
Reproductive Freedom
Sadly this year is the first year in over a decade that Kentucky passed and signed into law an anti-choice piece of legislation. On February 4th, Governor Matt Bevin signed Senate Bill 4, which mandates that a patient have a “face-to-face” consultation with a doctor, nurse or social worker at least 24 hours prior to an abortion. Luckily, we were able to work with key legislators to amend the bill to allow for live video-conferencing for that consultation, such as FaceTime or Skype. This is the first bill in the nation that allows for these conversations to be done remotely through telehealth. Yet, for low-income patients and patients without access to high-speed internet or cell reception, they will be forced to endure two trips to receive a legal and constitutionally protected medical procedure.
In addition to Senate Bill 4, we faced an unprecedented attack on reproductive rights in Kentucky. We fought a record 13 pieces of anti-choice legislation that ranged from Texas-style legislation that would force clinics to adhere to medically unnecessary regulations and force doctors to have hospital admitting privileges, to requiring a patient to listen to the results of an ultrasound before an abortion even if the patient begs to not hear the information.
When we needed help our allies and members came up big, packing the rotunda and balconies of the Capital and taking to social media to add their voice to the thousands of Kentuckians that won’t let politicians use a patient’s body as their political playground.
Criminal Justice
This general assembly marked Kentucky Smart on Crime’s first legislative session. Members of the broad based coalition working for commonsense justice reforms include the ACLU of Kentucky, Kentucky Chamber of Commerce, Bluegrass Institute for Public Policy, Kentucky Center for Economic Policy, the Catholic Conference, Kentucky Council of Churches, and the Kentucky Association of Criminal Defense Lawyers.
The coalition’s priority was House Bill 40, a measure that would allow for the expungement of some class D felonies. The bill passed out of the Senate nearing the last day of session and was concurred upon by the House. Governor Bevin signed it into law before the end of the session. The measure was a compromise that allows some folks to vacate certain class d felonies after a 5 year waiting period. While Kentucky Smart on Crime was disappointed that the measure includes a $500 fee, we are pleased that after over a decade in the making there will now be an opportunity for tens of thousands of Kentuckians to have a clean record- offering some relief to folks who are looking for a job, applying for school or registering to vote. HB 40 was carried by Representative Darryl Owens (D-Louisville), but passed with major support from Representative David Floyd (R-Bardstown), Senator Whitney Westerfield (R-Hopkinsville), and Senate President Robert Stivers (R-Manchester).
Death Penalty
The House Judiciary Committee chaired by Representative Darryl Owens held its first ever hearing with a vote on a bill to repeal Kentucky’s death penalty. The vote was especially notable considering the bill’s primary sponsor and longtime champion, Representative David Floyd, is retiring and 2016 was his last legislative session. The bill was defeated after receiving 8 yes votes (it needed 10 to pass), but advocates are hopeful this is a major step in our journey toward repeal.
LGBT Rights
This past year has been a rollercoaster for LGBT rights in Kentucky. Following the marriage equality victory at the US Supreme Court in June 2015, Rowan County Clerk Kim Davis made national news for refusing to sign marriage certificates of same-sex couples, stating that it would violate her religious beliefs to do so. In December, newly elected Governor Bevin issued an executive order making changes to the form and when the General Assembly convened in January, legislation was filed to codify those changes.
Senate Bill 5, introduced by Senator Stephen West (R-Paris) would have created separate marriage license forms for gay and straight couples in Kentucky. Senator Morgan McGarvey (D-Louisville) proposed an amendment that would create a single form where applicants have the option to select “Bride,” “Groom,” or “Spouse.” The amended bill, ultimately supported by a bipartisan coalition of legislators and the Kentucky County Clerks Association, was signed into law by Governor Bevin as the session closed.
If there was ever any doubt that the need for statewide non-discrimination protections exists, look no further than SB180, a measure introduced in the 2016 legislative session which would have allowed businesses open to the public to refuse service to LGBT individuals.
While the bill passed the Senate, the House refused to even hear the legislation and the measure failed but we believe that it will reappear in the future so we must remain vigilant in fighting for non-discrimination protections for all Kentuckians.
Immigrants’ Rights
Even though advocates had a strong vote count for the House Transportation Committee Representative Hubert Collins (D-Wittensville) refused to hold a hearing for the driver’s certificate bill. We are disappointed by the stalled measure, but look forward to continuing our work of connecting undocumented Kentuckians to their lawmakers as we did during the 2016 legislative session. We also want to honor bill champion, Representative Larry Clark’s (D-Louisville) work on the measure as 2016 marks his last General Assembly.
Don’t forget lawmakers are interested in getting feedback on the issues they acted on this year, as well as the matters that still need to be addressed in future legislative sessions. To leave a message for any legislator, call the General Assembly’s Message Line at 1-800-372-7181.
April 19, 2016 - 2:42pm